Mamta Gupta, Research Scholar, JNV University Jodhpur
Akshay Nagori, Advocate, Rajasthan High Court
ABSTRACT
Religion has governed and guided an individual from times immemorial in the form of customary practices, beliefs and faith. India adopted the feature of secularism, non-interference of state in religious matters. Codification of these customary practices resulted in new branch of law called as Personal Laws which incorporated religious practices, ideas, beliefs, habits, methods, theories of religion for governing individuals. Diversified culture gave birth to the diversified body of governance in the form of Personal laws. Laws have to be dynamic; it changes with changing time. In the present time all laws are developing except personal laws, they have become stagnant due to resistance from religious affinity. This stagnancy has made human vulnerable, this stagnancy is threat to development of women. We witnessed Dr. B.R Ambedkar who promoted equality, self-respect, education and reckoned Nation to give equal rights to women in every field but it is vanishing even after development of law. The noble dream of Dr. B R Ambedkar incorporated in Constitution in the form of equality, freedoms especially for women is being withered away by the stagnancy in Personal Laws. Active participation of Judiciary in addressing situation and defining each person by Nationality not by religion is being focused in the paper. Paper is aimed to travel the road travelled by Judiciary from Shah Bano to Shayara Bano. The active participation of Judiciary in addressing and contemporary endeavors to bring Uniform Civil Code in India.
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